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PA DUI Conviction Based Upon Drinking Gasoline

Posted in DUI on March 22, 2026

In Commonwealth v. Roser, 914 A.2d 447 (Pa. Super. 2006), the Pennsylvania Superior Court ruled on a challenge to the PA DUI law and whether it prohibited driving under the influence of gasoline. Factual Background Roser was stopped by police after he was observed driving over the center and fog lines and almost striking another… view more

Court Rules PA DUI Can Be Based Upon Kratom Impairment

Posted in DUI on March 18, 2026

The Pennsylvania Superior Court clarified that a driver may be prosecuted under Pennsylvania’s DUI statute even when the substance involved is not a controlled substance. In Commonwealth v. Walsh, 2026 PA Super 47, the Court reversed the dismissal of DUI charges stemming from alleged impairment caused by kratom and caffeine. Factual Background The case arose… view more

PA DUI Conviction Affirmed – Sufficient Evidence of Driving Presented

Posted in DUI on March 1, 2026

In Commonwealth v. Smith, No. 1571 MDA 2021, the Pennsylvania Superior Court affirmed a Perry County DUI conviction where district attorney did not present direct evidence that Smith was driving.  Smith was convicted by a judge at a trial.  Smith appealed and argued that there was insufficient evidence presented that he drove or operated the… view more

PA Court Allows Marijuana Vape Case to Proceed Without Chemical Testing

Posted in Penn State Marijuana Possession on February 15, 2026

Is Chemical Testing of Marijuana Vape Needed at Preliminary Hearing Phase? In Commonwealth v. Chadwick, a Centre County judge addressed an increasingly common issue in Pennsylvania criminal law: whether the Commonwealth can establish a prima facie Possession of Marijuana case involving a THC vape without laboratory testing. Background of the Case A Pennsylvania State Trooper… view more

PA Court Rejects “Involuntary Intoxication” Defense in Pennsylvania DUI Case

Posted in DUI on December 1, 2025

Overview In Commonwealth v. Whitcomb, the Pennsylvania Superior Court considered a novel argument raised by a DUI defendant: that she should be excused from criminal liability because her impairment resulted from involuntary intoxication. The court ultimately rejected the defense, holding that “involuntary intoxication” is not recognized as a valid defense to DUI under Pennsylvania law—especially… view more

PA Drug-DUI Offenses Are Strict Liability

Posted in DUI on November 30, 2025

The Pennsylvania Superior Court issued an important decision in drug-DUI cases under 75 Pa,C.S. 3802(d)(1) and (d)(2). On July 1, 2024, in Commonwealth v. Macik, the Court held that drug-DUI charges do not require the Commonwealth to prove any mens rea (mental state). The ruling reaffirms that these DUI–drug subsections are strict liability offenses, meaning… view more

PA Supreme Court Limits Removal from ARD Program

Posted in ARD on November 1, 2025

In a major decision for Pennsylvania DUI and criminal defense law, the Pennsylvania Supreme Court ruled in Commonwealth v. Jenkins that a defendant cannot be removed from the Accelerated Rehabilitative Disposition (ARD) program based solely on the “spirit or purpose” of the program.  The Court held that ARD revocation is only lawful when a participant… view more

PA Court Upholds DUI Conviction After “Welfare Check” on Highway Ramp

Posted in DUI on August 10, 2025

The Pennsylvania Superior Court’s June 28, 2024 decision in Commonwealth v. Joshua W. Ward (2024 PA Super 133) highlights how a DUI arrest in Pennsylvania can result from a routine welfare check under the community caretaking doctrine. The case reaffirms that officers can approach and detain a driver without a warrant if they have objective… view more